R The Constitutional Council Model for an Australian Republic

The Constitutional Council Model R There are two forms of the Constitutional Council model, referred to as “Option A” and “Option B”: Direct Popular Election of the President, where the people directly elect a Constitutional Council and the Constitutional Councillor achieving the highest vote becomes President. Indirect Popular Election of the President, where the people directly elect a Constitutional Council and the Constitutional Council chooses one of its number to be President. Option A Option B

R Direct Popular Election of the President: People elect a Constitutional Council. Constitutional Councillor with highest popular vote becomes President Option A

R People elect CC, highest vote decides President Option A The People nominate candidates for President/Constitutional Council and elect 5 “full” voting members The People nominate candidates for President/Constitutional Council and elect 5 “full” voting members Constitutional Council 5 “full” members + 4 “associate” non-voting members (past Pres, past VP, Speaker, past Speaker) Constitutional Council 5 “full” members + 4 “associate” non-voting members (past Pres, past VP, Speaker, past Speaker) President Head of State. Exercises ceremonial and other powers of the Governor-General, but does not exercise the reserve powers. Constitutional Councillor achieving highest popular vote becomes President, next highest becomes Vice President President Head of State. Exercises ceremonial and other powers of the Governor-General, but does not exercise the reserve powers. Constitutional Councillor achieving highest popular vote becomes President, next highest becomes Vice President Speaker Nominated by PM, Opposition Leader or other MPs. Constitutional Council elects Speaker from the list of nominees. Presides over House of Representatives and exercises the reserve powers Speaker Nominated by PM, Opposition Leader or other MPs. Constitutional Council elects Speaker from the list of nominees. Presides over House of Representatives and exercises the reserve powers

R People elect CC, highest vote decides President Option A Style of Presidency Non- executive Presidential Powers Largely ceremonial. (Speaker exercises reserve powers, partially codified) Appointment of the President Constitutional Council directly elected by People. Const’l Councillor achieving highest popular vote becomes President. (Const’l Council chooses Speaker) Eligibility Australian Citizen, not an MP or member of a political party. (Applies to Const’l Councillors, President and Speaker) Nomination Nominated by People. Requires 1000 nominators. (Speaker nominated by PM, Opposition Leader or other MPs.) Removal of the President 2/3 resolution of both Houses. (Speaker removed by Const’l Council following 2/3 resolution of House of Reps) Term Six years. (Speaker: 5 years) Casual Vacancy Vice-President. (Speaker: Deputy Speaker)

R People elect CC, highest vote decides President Option A PLUSES  Members of public can nominate.  Direct popular vote for the Constitutional Council and for the President.  The President as Head of State, like the Queen, does not exercise the reserve powers.  A neutral, non-partisan official (the Speaker), like the Governor-General, exercises the reserve powers.  Codification of President’s powers is not required.  Best chance of obtaining a neutral, non-partisan Speaker of similar high calibre to Governors-General. PLUSES (cont.)  Conduct of the House of Representatives improves under neutral, non-partisan Speaker and public respect for MPs increases.  PM loses the power he now enjoys to sack the Governor-General.  Though the President might claim a mandate his constitutional powers can’t threaten a PM. MINUSES  Politicians may object to losing control of the Speaker.  Constitutional Council and President might be too political (though this will have been the choice of the people)

R Indirect Popular Election of the President: People elect a Constitutional Council. Constitutional Council chooses one of its number to be President Option B

People elect CC, CC chooses President R Option B The People nominate candidates for President/Constitutional Council and elect 5 “full” voting members The People nominate candidates for President/Constitutional Council and elect 5 “full” voting members Constitutional Council 5 “full” members + 4 “associate” non-voting members (past Pres, past VP, Speaker, past Speaker). Chooses one full member to be President and one to be Vice President Constitutional Council 5 “full” members + 4 “associate” non-voting members (past Pres, past VP, Speaker, past Speaker). Chooses one full member to be President and one to be Vice President President Head of State. Exercises ceremonial and other powers of the Governor-General, but does not exercise the reserve powers. President Head of State. Exercises ceremonial and other powers of the Governor-General, but does not exercise the reserve powers. Speaker Nominated by PM, Opposition Leader or other MPs. Constitutional Council elects Speaker from the list of nominees. Presides over House of Representatives and exercises the reserve powers Speaker Nominated by PM, Opposition Leader or other MPs. Constitutional Council elects Speaker from the list of nominees. Presides over House of Representatives and exercises the reserve powers

R Style of Presidency Non- executive Presidential Powers Largely ceremonial. (Speaker exercises reserve powers, partially codified) Appointment of the President Constitutional Council directly elected by People. Const’l Council chooses a member to be President. (Const’l Council chooses Speaker) Eligibility Australian Citizen, not an MP or member of a political party. (Applies to Const’l Councillors, President and Speaker) Nomination Nominated by People. Requires 1000 nominators. (Speaker nominated by PM, Opposition Leader or other MPs.) Removal of the President 2/3 resolution of both Houses. (Speaker removed by Const’l Council following 2/3 resolution of House of Reps) Term Six years. (Speaker: 5 years) Casual Vacancy Vice-President. (Speaker: Deputy Speaker) People elect CC, CC chooses President Option B

R PLUSES  Members of public can nominate.  Direct popular vote for the Constitutional Council, indirect popular vote for the President.  The President as Head of State, like the Queen, does not exercise the reserve powers.  A neutral, non-partisan official (the Speaker), like the Governor-General, exercises the reserve powers.  Codification of President’s powers is not required.  Best chance of obtaining a neutral, non-partisan Speaker of similar high calibre to Governors-General. PLUSES (cont.)  Conduct of the House of Representatives improves under neutral, non-partisan Speaker and public respect for MPs increases.  PM loses the power he now enjoys to sack the Governor-General.  Though the President might claim a mandate his constitutional powers can’t threaten a PM. MINUSES  Politicians may object to losing control of the Speaker.  Constitutional Council and President might be too political (though this will have been the choice of the people) People elect CC, CC chooses President Option B

R The Constitutional Council Model for an Australian Republic